Part II Arbitral Procedures To Control The Selection And Conduct Of Arbitrators, Ch.5 The Challenge Of Arbitrators
David D. Caron, Lee M. Caplan, Matti Pellonpää
David D. Caron, Matti Pellonpää, Lee M. Caplan
The challenge is a device to maintain minimal standards of independence and impartiality in arbitrators. Challenge is an exceptional and serious mechanism; it is a process that has been rarely initiated and even more rarely has resulted in a decision. The challenge is a possible response to an appointment at the commencement of an arbitration. It is also a possible response throughout the arbitration to, for example, failure to perform or new circumstances giving rise to justifiable doubts as to impartiality or independence. The UNCITRAL Rules address the challenge process in Articles 9 through 12, the subject of this Chapter.